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Experience:  BA (Hons), PgDip, Practising Solicitor
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I rent a flat under an assured shorthold tenacy agreement which

Resolved Question:

I rent a flat under an assured shorthold tenacy agreement which will expire on the 17th of november.
The bathroom has a seriuos damp problem which was caused by an external broken pipe. I agreed with the landlord to wait that the council fixed the pipe before re-decorating the bathroom, but now that the external problem has been solved, i asked to the landlord to mantain her part of the deal without receiving any positive answers.
I was wondering if i can break the rental agreement if the landlord will not re-decorate the bathroom.
Many thanks.
Submitted: 4 years ago via Tenancy Agreement Service.
Category: UK Property Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for you question.

 

You should formally write to the the landlord specifying the disrepair, making a list of the reasonable repair required and ask that he make those repairs within a reasonable time (eg. 14 days). State that if the landlord does not make the repair within that time you will pay to have the repairs made and will seek to claim the expense from him and are prepared to make an application to court if necessary.

If the landlord does not make the repair you can pay to have it done and then write formally to him requesting the payment of the cost, again within a reasonable time). If he does not pay you can issue a claim for the money yourself through Her Majesty Courts Service's online service: http://www.moneyclaim.gov.uk/

 

It's pretty cheap and straightforward to use.

 

If the state of repair (particularly damp) is very bad then you should contact the local authority environmental health department and ask them to send an officer round. If the state of the property is bad he will issue an enforcement notice against the Landlord to carry out works and this may prompt him in to making the repair. If he finds it unfit for human habitation then he will declare it as such and you will be able to terminate your agreement with the landlord on the basis of this breach.

 

You have rights in respect of the damp as this is a genuine repair issue. If the issue is simple decoration in to a different more pleasant colour (for example) then you probably do not have the right to compel the landlord to paint as this is an aesthetic preference rather than disrepair per se.

If this has been useful please kindly click accept so that I may be rewarded for my efforts. It will be gratefully received and you will be free to ask follow up questions.

Kind regards,

Tom

Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 6295
Experience: BA (Hons), PgDip, Practising Solicitor
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